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HomeMy WebLinkAbout11-15-1993RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4195 Adjourned Meeting No. 14 - November 15, 1993 Agenda Item A-1 B-1 B-2 B-3 C-1-6 C-1 C-2 C-3 President Selby called the meeting to order at 7:00 P.M., the follow• ing members being present: President Selby, Councilmembers Canfield, Evans, Hunziker, McConnell , Myhrom and Senjem..,Absent: None. A Hearing on the proposed vacation of James and Patricia Graham of a 4 foot wide easement located in Lot 6, Peck's 3rd Addition and Lot 8, Peck's 6th Addition. Having no one present that wished to be heard, President Selby closed the hearing. Senjem moved, McConnell second to adopt Resolution No. 598-93 approving the vacation. Ayes (7), Nays (0).Mot,ion carried. A Hearing on the proposed vacation of Carl and Evelyn Burfeind to vacate the northerly 1 foot of the five foot wide utility easement in Lot 2, Block 3, Viking Hills First. Having no one present that wished to be heard, President Selby closed the hearing. Evans moved Canfield second to adopt Resolution No. 599-93 accepting the assess- ment. Ayes (7), Nays (0).Motion carried. A Hearing on the proposed assessment for the following projects: Project 7023 - Debrts-Removal'- Project 7024 - Tree Removal - Project 7021 Weed Eradication and Project 7025 - Sewer and Water. Having no one present that wished to be heard, President Selby close( the hearing. Councilmember asked about a letter that Counci•1 receiv( regarding the complain of Robert Lindman og 419 7th Ave. S.W. and he stated that he was assessed for a tree that was not on his proper) and that he was not notified that the tree would be taken. Denny Stotz of the Park Dept. stated that as of this hearing he had not been able to contact Mr. Lindman but that he would keep trying to find him. Meantime, Mr. Stotz checked the location of the tree and stated that it was indeed on his property. Having no one else present that wished to be:heard, President Selby closed the hearing Canfield moved, Evans second to adopt Resolution No. 600-93, 601-93, 602-93 and 603-93 accepting the assessments. Ayes (7), Nays (0). Motion carried. Senjem moved, Evans second to adopt the following Consent Agenda items: Approve the minutes of the November 1, 1993 meeting. Approve the following licenses and bonds: Gambling - Rdtary Club of Rochester II,. Raffle Rochester Ducks Unlimited - Raffle 9-22-94 to 11-17-94 at Kahler Ho Si ns - Nordquist Sign Co., Inc. Mpls, Mn. Sewer and Drain - O'Donovan Co. Roch.Mn. Gambling - Premise Permit - Rochester Juvenile Hockey Assoc. for Mugzees - 524 llth Ave. N.W. and North Star Bar - 503 N.Bdwy. Approve the Accounts Payable in the amount of $1,592,649.37. Filed in the City Clerk's Office. C-4 Approve the appointment of Wayne R. Gammell of 304 8th Ave. S.E. to the Cable TV Advisory Committee. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4 1 9 6 Adjourned Meeting No. 14 - November 15, 1993 Agenda Item C-5 C-6 E-1 E-2 E-3 E-4 E-5 Adopt Resolution 604-93 setting a hearing for December on a proposed vacation of a 2 foot of the 5 foot wide in Lot 1, Blk 2, Comarron 3 - Jose and Susan Calva. 20, 1993 utility easeme t Adopt Resolution No. 605-93 approving the payment for work covered by Supplemental Agreement No. 1 for Proejct 7301-91 J 9173 - in the amount of $3,496.50. Ayes (7), Nays (0). Motion carried. Hunziker moved, Evans second to approve the potential amendment to the Zoning Ordinance and Land Development Manual relating to height limitations for signs in commercial and industrial zones. The City also requested an authorized study of excessive heights of signs and be included in the Zoning Ordinance and Land Dev. Manual. This response should be received by the Council by the end of January, 1994. Also adopt a moratorium on the issuance of permit for signs which exceed 50 feet in height until this review process can be completed. Ayes (7), Nays (0).Motion carried. Res, 606-93 was adopted. Councilmember McConnell stated that the McDonald sign on 55th St. adjacent to Hwy 52 is high and -complaints have been received from the neighbors. He would like to think McDonald management might lower this as a favor to the people in the area. Hunziker moved, McConnell second to adopt Resolution No. 607-93 that the City Attorney complete and file Form 329 with the Federal Communications Commission so that a benchmark rate can be established for the rate charged by TCI for expanded basic cable television services. Ayes (7), Nays (0).Motion carried. Hunziker moved, Evans second to adopt Resolution No. 608-93 exempt KTTC Television from the automatic emergency warning broad= casts from the EOC for a one year trial period and to submit a letter to TCI to that effect. Ayes (7), Nays (0).Motion carried. Hunziker moved, McConnell second to adopt Resolution No. 609-93 approving Amendment No. 2 to the Response Order by Consent between the City of Rochester, Olmsted Co. and the Mn. Pollution Control Agency. This is in regard to the Oronoco Landfill. Ayes (7), Nays (0).Motion carried. Senjem moved, Evans second to adopt Resolution No. 610-93 approving the new lease with Aerodrome, Inc. at the Rochester Municipal Airport. This is for office space on the second flood of the Terminal Building and the rent fee is $277.98 a month. Ayes (7), Nays (0).Motion carried. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA Adjourned Meeting No. 14 - November 15, 1993 4 197, Agenda Item E-6 McConnell moved, Hunziker second to accept a proposal from Les Stevens Truck Sales for one used dump truck in the amount of $24,981.70. The State will participate by funding 2/3 of the cost and the local share is 1/3. Ayes (7), Nays (0).Motion carried. This truck is for the Rochester Municipal Airport. E-7 Canfield moved, Evans second to adopt Resolution No. 611-93 authorizi the Mayor and City Clerk to execute the State Aid Agreement for the purchase of one dump truck as listed in E-6. Ayes (7), Nays (0). Motion carried. E-8 Canfield moved, Evans second to adopt the following resolutions as approved by the Rochester Public Utility Board: Resolution No. 612-93 approving a union labor agreement from Jan. 1 1994 thru Dec. 31, 1996 with International Brotherhood of Ele. Workers and the City of Rochester Public Utility Board - IBEW Local 848 Outside Union Labor Agreement. This is for three years and expires Dec.31, 1996. Councilmember McConnell stated that he would vote for this because it was settled, but that he preferred two year contracts and would like to see contracts become one year contracts. Resolution No. 613-93 approving a 5% increase in hydrant rental fees effective Jan. 1,1994 to the following: 4 inch $35.99 and 5 inch $52.59. Resolution No. 614-93 approving the new contribution in lieu of tax formula. Ayes (7), Nays (0).Motion carried. E-9 Hunziker moved, Senjem second to table the repeal of Limousine Ord. No. 97.01. More information was needed. Ayes (7), Nays (0).Motion carried. E-10 Senjem moved, McConnell second to adopt Resolution No. 615-93 authorizing the facsimilie signatures of Chuck Hazama, Mayor and Bruc W. Atkinson, Acting Treasurer of the City on all checks and drafts and other withdrawal orders and authorizing the signature of Bruce Atkinson and/or Cheryl L. Belter, Sr. Accounting Technician on all other directions and instructions with respect to funds of the City. Ayes (7), Nays (0).Motion carried. E-11 Hunziker moved; Evans second to adopt Resolution No. 616-93 authoriz- ing the transfer by promotion of OfficEr Tim,Bangert( Firefighter ) to Lieutenant Inspector in the Fire Dept. Ayes (7), Nays (0). Motion carried. E-12 Senjem moved, Canfield second to adopt Resolution No. 617-93 which covers the items E-13 and E-14 as follows: Authorizing the filling of the position of City Engineer - Design and Dev. in the Public Services Dept. The position of Accountant II (Ass't Finance Dir.) and the position of Senior Clerk Typist ( 20 hrs.) Finance. Ayes (7) Nays (0).Motion carried. 9 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL _ CITY OF ROCHESTER, MINNESOTA 4198 Adjourned Meetinq No. 14 - November 15. 1993 Agenda Item E-13 E-14 E-15 E-16 E-17 E-18 E-19 E-20 F-1 F-1 F-1 See E-12 included in that item. See E-12 included in that item. Senjem moved, McConnell second to instruct -the City, -Attorney to prepa an Ordinance on Wetland Conservation (RCO-Chapter 59) making this effective Jan. 1, 1994. Ayes (7), Nays (0).Motion carried. Hunziker moved, Evans second to adopt Resolution No. 618-93 accepting the terms of the Maintenance Agreement with US West Communications. Ayes (7), Nays (0).Motion carried. Senjem moved, Canfield second to adopt Resolution No. 619-93 authorizing execution of a lease agreement of City property at 419 llth St. N.W. for $500.00 per month. Ayes (7), Nays (0).Motion carried. Canfield moved, McConnell second to adopt Resolution No. 620-93 authorizing the payment of $6,400.00 for .067 acres in permanent easement -from Arnie Bomgaars in S. 112 Sec. 12-106-14. Flood Control Project Stage 4. Ayes (7), Nays (0).Motion carried. McConnell moved, Evans second to adopt Resolution No. 621-93 awarding the low bid submitted by Rochester Sand and Gravel, Inc. in the amount of $38,807. for building demolition for Stage 3, Cascade Creek Flood Control Project 8 residential units and 2 commercial buildings. Ayes (7), Nays (0).Motion carried. Hunziker moved, Myhrom second to reapportion the assessments and orde the reapportionment notice on Plat 1295 Parcel 23100 - Alan Bass into two parcels as follows: 23101 and 23102. The original assessmen under parcel 23100 was $13,238.13 and the total for 23101 is $5,072.93 and 23102 is $8,165.20. Ayes (7), Nays (0).Motion carried. An Ordinance Creating Chapter 59 of the Rochester Code of Ordinances .re.lating to Wetland Conservation and Regulation was given its first reading. An Ordinance Creating Sec. 66.300 of the RCO relating to the height limitations for signs in Commercial and Industrial Districts was given its first reading. Canfield moved, Hunziker second to suspend the rules and give this ordinance a second reading. Upon Roll call vote, Councilmembers Canfield, Evans, Hunziker, McConnell, Myhrom Senjem and President Selby voted aye.Ayes (7), Nays (0).Motion carrier Canfield moved, McConnell second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. An Ordinance creating Chapter 130A of the RCO Relating to the Operation of Golf Carts was given its second reading. Senjem moved, Evans second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. r I. 1 RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL CITY OF ROCHESTER, MINNESOTA 4 - Adjourned Meeting No. 14 - November 15, 1993 Agenda Item F-1 An Ordinance Rezoning to M-2 approx. 51.8 acres located in L 1 B 1 Cascade Ridge Sub. to the City of Roch. ( area of IBM and Douglas Bike Trail) was given its second reading. McConnell moved, Canfield second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance rezoning to B-4 approx. 4.5 acres of lands located in the SW 1/4 of Sec. 6, T106N R 13W ( area of the Pla Mor Ballroom) was given its second reading. Canfield moved, Evans second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Rezoning to B-4 approx. 1.41 acres of land in Sec. 34, Cascade Township ( area of Brink's Pet Place ) was given its second reading. Myhrom moved, Evans second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Rezoning to B-4 Approx. 7.19 acres located in the S 1/2 of the SE 1/4 of Sec. 33 T107N,R14W (Area of Rochester Tennis Club ) was given its second reading. Senjem moved: Evans second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance Rezoning to B-4 property located in the ares of Trade Mart Furniture was given its second reading. Senjem moved, Canfield second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance Rezoning to B-4 property located in the area of Howard Johnson's Hotel was given its second reading. Evans moved, Canfield second to adopt the Ordinance as read. Ayes (7), Nays (0). Motion carried. F-1 An Ordinance annexing to the City approx. 1.8 acres situated in portions of NW 1/4 of Sec. 13 T106N , R14W, Olmsted Co., Mn. was given its second reading. Evans moved, Senjem second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 An Ordinance annexing to the City approx. 92.63 acres of lands in E 1/2 of the SE 1/4 of Sec. 4, T106N, R14W was given its second reading. Canfield moved, Hunziker second to adopt the Ordinance as read. Ayes (7), Nays (0).Motion carried. F-1 McConnell moved, Hunziker second to adopt Resolution No. 622-93 approving an owner contract for Basic Constructin in Cimarron 16th Sub. - J 9291 Western Walls, Inc. Ayes (7). Nays (0).Motion carried. G-1 Hunziker moved, McConnell second to remove the 1993 Downtown Employer and Monthly Customers " Park and Ride"from the table. Ayes (7), Nays (0).Motion carried. Hunziker moved, Myhrom second to adopt Resolution No. 623-93 approving the City to enter into Park and Ride agreements providing for parking lots outside of the downtown portion of Rochester. Ayes (7), Nays (0).Motion carried. s. RECORD OF OFFICIAL PROCEEDINGS OF THE COMMON COUNCIL _ CITY OF ROCHESTER, MINNESOTA 4200 Adjourned Meeting No. 14 - November 15, 1993 Agenda Item G-2 H-1 H-2 H-3 McConnell:moved, Canfield second to remove the request for a vacation of the N 8 feet of 9th St. S.W. adj. to Lot 1 Blk 1 Williams Healy and Cornforth's was removed from the table. Ayes (7), Nays (0).Motion carried. Wishing to be heard was Gertrude Leiferman of 5151 Belmont Ave. Minneapolis, Mn. She owns this property and urged the Council to approve this so that she could sell this property.She stated that she cleaned the place up since this was brought before the Council ( in April 1993 ). Councilmember Canfield talked with Ms. Leiferman and he is not in favor of granting this vacation. Councilmember Hunziker stated that when this was brought up before, Ms. Leiferman was given the option of either removing the addition ( old bakery) or this item will remain tabled. Since nothing had been done to remove that part of the building that is in the ROW, Senjem moved, Canfield second to table this again. Ayes (7), Nays (0). Motion carried. Councilmember Canfield stated that he was informed that a secretary from the Bear Creek Services was rudely spoken to by Councilmember Myhrom. Councilmember Myhrom stated that he had called her up earlie, in the day and apologized and so that was all taken care of. Councilmember Myhrom asked that the Council consider action by Ordinance or some other means to make the restaurants and other public places go smoke free. Councilmember Senjem asked when this would be brought up for consideration. President Selby stated that possibly in Jan, 1994 since the Council is busy at this time with the setting of the 1994 budget. Councilmember Myhrom also brought up the fact that gangs and crime is on the increase and the City Council should take a hard look at the situation and work on solutions. Councilmember Evans stated that he is on the Rochester Youth Commission and they have had positive feedback from kids that belong or come to this meeting. The City should be aware of this problem but there is something happening. Mayor Hazama stated that the City should look toward the positive things that have been happening and granted the City does have problems but not so severe that we can't all work together to solve the problems. Having no further discussion, Canfield moved, Senjem second to adjourn the meeting. Ayes (7), Nays (0).Motion carried. G. Clerk